BILL ANALYSIS Ó
SB 542
Page 1
Date of Hearing: July 5, 2011
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 542 (Price) - As Amended: June 20, 2011
SUMMARY : Creates rules and regulations for the tattooing of
inmates in state prison. Specifically, this bill :
1)Requires that inmates only receive, remove, or permit removal
of tattoos from themselves or others if it is done in a manner
sanctioned by the warden, as specified.
a) In a supervised environment that the warden determines
does not compromise the safety of the inmate, other
inmates, prison personnel, or the public at large.
b) If a qualified medical professional is present and
provides appropriate supervision.
c) In accordance with the required health and safety
standards outlined in Health and Safety (HSC) Sections
119308 and 119309.
2)Prohibits inmates from tattooing themselves or permitting
themselves or others to be tattooed with gang-affiliated,
racist, anti-Semitic, or similarly intolerant tattoos.
3)Makes related findings and declarations:
a) Prisoner-initiated tattoos are widespread in the
California correctional system;
b) According to the Centers for Disease Control (CDC),
there is an average of 1,240 inmates infected with HIV/AIDS
in California's prisons. The CDC estimates the cost to
care for these inmates at over $18 million;
c) It is estimated that nearly 40% of the state's prison
population is infected with Hepatitis C, according to a
lawsuit filed in 2008;
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d) 90% of all prisoners are ultimately released from state
prison;
e) The majority of inmates have sex within the first 24
hours of their release from state prison;
f) The average duration of incarceration in California
prison is just over two years;
g) Transmission of HIV and Hepatitis C in prison quickly
affects the general population;
h) It is in the interests of protecting the public health
to acknowledge that tattooing occurs in prison and to take
steps to make prison tattoos safer and less prone to
transmission of blood-borne pathogens; and,
i) Acknowledging the behavior that tattooing occurs in
prison, combined with appropriate supervision, will
ultimately help to mitigate dangerous conditions for
correctional officers and public health crises for the
communities into which inmates are released.
EXISTING LAW :
1)Provides that the president of the California Conference of
Local Health Officers shall act as the chairperson of a task
force to be formed for the purpose of recommending legislation
to the Legislature concerning licensing, training, sanitation,
and other subjects deemed necessary to protect the health and
welfare of persons seeking the services of practitioners of
tattooing, body piercing, and permanent cosmetics. The task
force shall be composed of 10 persons to be appointed by the
President of the California Conference of Local Health
Officers, and shall include a representative from the State
Board of Barbering and Cosmetology, a physician and surgeon
licensed in California, a representative from a nonprofit
professional body piercers' association, a representative from
a nonprofit professional tattooists' association, a
representative from a nonprofit professional permanent
cosmetic association, a representative from a nonprofit
professional cosmetology association, and a representative
from an organization representing the interests of local
health departments. The president of the California
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Conference of Local Health Officers may appoint the remaining
three members from any other groups that may, in the judgment
of the president, be of assistance. (HSC Section 119308.)
2)States that inmates shall not tattoo themselves or others, and
shall not permit tattoos to be placed on themselves. Inmates
shall not remove or permit removal of tattoos from themselves
or others. (California Code of Regulations Title 15 Section
3063.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "In the interest
of protecting public health, SB 542 recognizes that
prisoner-initiated tattoos are widespread in California State
Prisons. This measure takes steps to reduce the alarming rate
of infectious diseases not only among inmates but correctional
officers, and the communities in which released inmates will
return.
"Current regulations to prohibit tattooing in California prisons
has not been effective policy; results in tattooing practices
done secretly in unhygienic environments with makeshift
equipment. These underground practices continue to contribute
to the spread of infectious diseases in our prisons and our
communities.
"SB 542 aims to save lives and reduce health care costs to the
state by ensuring that such practices are done so in a safe
manner and under supervision."
2)Current CDCR Practices Ban Tattoos Outright : This bill
provides guidelines for tattooing of inmates under the
following conditions: (a) the tattooing is conducted in a
supervised environment that the warden determines does not
compromise the safety of the inmate, other inmates, prison
personnel, or the public at large; (b) with a qualified
medical professional present who provides appropriate
supervision; and, (c) in accordance with specified health and
safety requirements.
However, currently CDCR has a policy which does not allow for
the tattooing of inmates under any circumstances: "inmates
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shall not tattoo themselves or others, and shall not permit
tattoos to be placed on themselves. Inmates shall not remove
or permit removal of tattoos from themselves or others."
(California Code of Regulations Title 15 Section 3063.)
This bill effectively permits the tattooing of CDCR inmates
where current law does not.
3)Reasons for this Bill : The author's office believes that this
bill is necessary due to the rampant transmittal of
blood-borne diseases in CDCR facilities due to unsanitary
tattooing practices. The author's office presents the
following as factual determinations in this bill:
a) Prisoner-initiated tattoos are widespread in the
California correctional system.
b) According to CDC, there is an average of 1,240 inmates
infected with HIV/AIDS in California's prisons. The CDC
estimates the cost to care for these inmates at over $18
million.
c) It is estimated that nearly 40% of the state's prison
population is infected with Hepatitis C, according to a
lawsuit filed in 2008.
d) 90% of all prisoners are ultimately released from state
prison.
e) The majority of inmates have sex within the first 24
hours of their release from state prison.
f) The average duration of incarceration in California
prison is just over two years.
g) Transmission of HIV and Hepatitis C in prison quickly
affects the general population.
h) It is in the interests of protecting the public health
to acknowledge that tattooing occurs in prison and to take
steps to make prison tattoos safer and less prone to
transmission of blood-borne pathogens.
i) Acknowledging the behavior that tattooing occurs in
prison, combined with appropriate supervision, will
ultimately help to mitigate dangerous conditions for
SB 542
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correctional officers and public health crises for the
communities into which inmates are released.
4)AIDS and HIV in State Prison : According to CDCR data as of
2007, there is an average of 1,240 inmates infected with
HIV/AIDS in California's prisons. CDCR estimates the cost of
care for these inmates at over $18 million. Because CDCR does
not require HIV testing, the true number of infected inmates
is unknown. According to the University of California, San
Francisco, the rate of HIV infection among inmates is eight to
ten times higher than among the general population. Various
studies provided by the author attribute this high rate to
intravenous drug use prior to incarceration. Due to the
difficultly in conducting studies and limited availability of
information, the rate causes of infection for inmates after
incarceration are unknown. However, these studies estimate
that sexuality activity is the leading cause for HIV infection
in prison.
5)Prior Legislation : AB 1334 (Swanson), of the 2007-08
Legislative Session, enacted the "Inmate and Community Public
Health and Safety Act", which requires the Secretary of CDCR
to allow any non-profit or health care agency to distribute
sexual barrier protection devices. AB 1334 was vetoed.
REGISTERED SUPPORT / OPPOSITION :
Support
None
Opposition
None
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744